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What can victims of school violence do?

A rise in the level of violence in schools from pupils has been widely reported across the UK, including Scotland. This is an issue which needs to be addressed through a number of political areas such as funding, resources, healthcare and welfare to ensure a societal shift – not something I will solve in this article.

The Scottish Government issued guidance in June 2025 for schools on managing violent and aggressive pupil behaviour. It focuses on risk assessments and staged interventions before considering exclusions. There is also a focus on learning support. The shift towards exclusion, even as a last resort, is necessary in handling violent or anti-social behaviour.

Referring to the guidance, the Educational Institute of Scotland (EIS) said: “As the largest teaching union in Scotland, we receive requests for support with personal injury claims and in relation to tackling dysregulated and disruptive behaviour, from members across Scotland, every day.”

“Without comprehensive resourcing – including adequate staffing, health and safety training and support for young people, teachers and school managers – this issue will continue to escalate. Our schools should be safe places for pupils and staff. Health and safety in the workplace is not a nice thing to have, it’s not an aspiration, it is the very basic expectation that teachers and young people should be able to go to school and to work and learn in a comfortable, safe environment. In too many schools across the country, this is simply not the reality. This must change.”

What legal solutions exist for you as a victim or injured person? First of all, if the incident is reported to the police, there is access to the Criminal Injury Compensation Scheme as a victim of crime. It is important to report the incident immediately without delay and there are a number of criteria which require to be satisfied.

You may have a claim against your employer for failure of their general duty of care to keep you safe in the workplace by providing a safe system of work or adequate training. This claim will have a number of hurdles to overcome but remains a possible avenue.

The guidance issued in June focused on risk assessment. This is an important part of any case. Was there a risk assessment in place? Was it completed by a competent person with the training to do so? Was it adequate for the level of risk to the employee?

Teachers will always face a level of risk from violent incidents in the workplace. But when there is a foreseeable risk of injury, it should be assessed either under the whole school’s risk assessment. Or, if the risk from an individual is higher (usually due to the level of violence or patterns of behaviour and injury), then there should be an individual risk assessment to reduce the risk of injury. 

Teachers should then be trained to understand the assessment and the techniques that it engages to ensure it is carried out. If appropriate, additional resources should be considered in the class or at a departmental level to create a safe system for managing behaviour if it escalates. Resources in some settings may include Personal Protective Equipment.

No case is ever the same; each is fact-specific. However, at the moment I am seeing cases where a basic risk assessments is not available and training has not been completed. It is hoped that the new guidance in this area makes a real difference.

This article was published in The Scotsman on Monday 27th October 2025. 

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